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Thursday 2 April,  

The consideration of offsetting and mitigation is becoming increasingly important to planners in ensuring New Zealand is prepared for future change.   Offsetting and mitigation play an important role in plan development and consents processes, particularly in the context of biodiversity protection. Case law compares offsetting with mitigation and provides insight into the differences and implications of each. Understanding the Courts' approach to offsetting and mitigation is important for:

  • Planners who are drafting plans, to ensure that their use of terminology and the mitigation hierarchy is consistent with the view of the Courts, and

  • Planners who are processing consent applications, to ensure correct assessment of offsetting and mitigation proposed by applicants, together with the correct application of section 104 of the Resource Management Act 1991, including section 104(1)(ab).

Imminent changes and opportunities to implement offsetting and mitigation planning process are on the horizon with the National Policy Statement for Indigenous Biodiversity. Understanding the role offsetting and mitigation plays in ensuring environmental protection under this National Policy Statement will have implications on planners and planning documents into the future.

Presenters:  Kerry Anderson & Kate Rogers

Partner, DLA Piper New Zealand

Kerry Anderson is a partner at DLA Piper and specialises in plan making and large infrastructure projects.  She has experience in all aspects of local government, public and resource management law. Kerry has been involved in a wide variety of regional and district plan review processes and all of the 'roads of national significance' in the Wellington Region and prisons, landfill/recycling facilities, windfarms and wastewater treatment plants, usually on behalf of Government or local government.

Senior Associate, DLA Piper New Zealand

Kate Rogers specialises in resource management law – particularly plan making, resource consents and enforcement.  Her experience spans plan drafting and preparation (being a key part of the team for the Proposed Natural Resources Plan for Wellington Regional Council), Council hearings, plan and resource consent appeals in the Environment and High Court, mediation and a wide variety of regulatory advice and enforcement processes.  She is based in Wellington, but her work is spread across New Zealand and she has acted for a range of clients - applicants, submitters and local authorities.  

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